We’ve had over two years of virtual mediations, arbitrations and court appearances. “You’re on mute,” “Your Wi-Fi is unstable” and “Adjust for low light” are now part of our daily lexicon. We’ve been treated to views of...more
A podcast from JAMS featuring Stephen H. Sulmeyer, J.D., Ph.D., and Hon. Lynn Duryee (Ret.) on the emotional and psychological dimensions of ADR and the impact on mediators, lawyers and all parties involved -
In this...more
Who is the perfect mediator for your next case? Is it someone who can size up the room quickly and delve into the meat of the matter? Or perhaps this time you need an empathic listener who can give a wounded party his day in...more
Disputes between neighbors are among the most blistering battles in the courthouse. As one advocate observed during a break in Day 3 of Hatfield v. McCoy, “At least in a divorce, one of the parties moves out of the house.”...more
Mediating employment disputes before legal action is filed gives parties an opportunity to settle their differences before incurring impressive attorney’s fees and expending valuable effort. Yet, it’s no easy thing to settle...more
Doesn’t it seem like all personal injury cases should settle at mediation? Due to the mountain of available data, there is much more predictability with the outcome of PI cases than with other civil cases. Yet it still...more
How can you economically and effectively settle the single-family construction defect case? In a recent mediation involving a homeowner, contractor and 15 subs, the participants used the following practices, which resulted in...more
It sometimes happens that, despite the best efforts of all participants, negotiations grind to a stubborn halt and disappointment sets in. Before packing your bags, ask yourself these five questions. Your answer might be just...more
Wouldn’t it be great if at your next mediation your client left satisfied, you felt valued and the case settled at its best number? Here are five tools lawyers can use to set up such an outcome:
1. Bring everything you...more
Lawyers wonder, what’s the point of writing a good brief when it seems that judges barely skim them? Judges grumble that briefs are notoriously dense and barely readable. And yet an informative and concise brief is the...more
Inside courts today, it's budget, budget, budget. Judges are asked to do a lot more with a lot less. Commissioners, court reporters, bailiffs, research attorneys and administrative support are a fond and distant memory....more
Your mediation is months away. Is there anything you can do today to create success on your big day? Here are three sure-fire winners.
1. Develop an elevator pitch. In 30 seconds, summarize the essential and persuasive...more
Sophisticated ADR users increasingly instruct their neutral to skip the joint session and get down to business. They have grown weary of listening to tiresome opening statements and wary of encountering angry outbursts. Yet...more